Torontogospel.ca TERMS AND CONDITIONS
Effective September 1, 2008 This following Agreement
terms and conditions govern the access to your
access and usage of the services (the "Online
Services") and the materials available therein
("Materials"). Please read this Agreement
carefully before accessing or using the Online
Services and the Materials. By accessing or using
the Online Services and Materials, you agree to
be bound by the terms and conditions set forth
below. If you do not wish to be bound by these
terms and conditions, you may not access or use
the Online Services and Materials. If you don't
have the legal authority to bind, please press
the "I do not accept" button below.
If you utilize the Online Services in a manner
inconsistent with these terms and conditions,
the Company may terminate your access, block your
future access and/or seek such additional relief
as the circumstances of your misuse indicate is
proper. The Company may modify this Agreement
at any time, and such modifications shall be effective
immediately upon posting of the modified Agreement.
You agree to review the Agreement periodically
to be aware of such modifications and your continued
access or use of the Online Services and Materials
shall be deemed your conclusive acceptance of
the modified Agreement. 1. LICENSE; RESTRICTIONS
ON USE 1.1 Except for distributions in compliance
with these Terms and Conditions, you may not distribute
your Materials, any Online Services, or software
associated with or derived from it, modify, copy,
license, or create derivative works from the same,
unless you obtain Company’s express written
permission in advance. 1.2 You are granted a nonexclusive,
nontransferable, limited license to access and
use the Online Services and Materials from time
to time made available to you. This license includes:
(a) The right to electronically display Materials
retrieved from the Online Services to no more
than one person at a time; (b) The right to obtain
a printout of Materials via printing commands
of the Online Services and to create a single
printout of Materials downloaded via downloading
commands of the Online Services (collectively,
"Authorized Printouts"); 1.3 Except
as specifically provided therein, you are prohibited
from downloading, storing, reproducing, transmitting,
displaying, copying, distributing, or using Materials
retrieved from the Online Services. You may not
print or download Materials without using the
printing or downloading commands of the Online
Services. 1.4 All right, title, and interest (including
all copyrights and other intellectual property
rights) in the Online Services and Materials (in
both print and machine-readable forms) belong
to the Covered Party. You acquire no proprietary
interest in the Online Services, Materials, or
copies thereof. 1.5 Except as specifically provided
herein, you may not use the Online Services or
Materials retrieved from the Online Services in
any fashion that infringes the copyrights or proprietary
interests therein. 1.6 You may not remove or obscure
the copyright notice or other notices contained
in Materials retrieved from the Online Services.
2. ACCESS TO SERVICES 2.1 Only purchasers of the
Materials may access and use the Online Services.
2.2 You may not use an identification number to
access the Online Services from outside the country
for which it was issued. 2.3 Your access may be
restricted from accessing certain Materials otherwise
available in the Online Services. 2.4 Materials
and features may be added to or withdrawn from
the Online Services and the Online Services otherwise
changed without notice. 3. LIMITED WARRANTY 3.1
The Company represents and warrants that it has
the right and authority to make the Online Services
and Materials available pursuant to these General
Terms and Conditions. 3.2 The Company and its
affiliates, officers, directors, employees, subcontractors,
agents, successors, or assigns, makes no representations
or warranty, express or implied, as to the accuracy,
earnings claims, content, and advertising materials
on its web sites. In the event that any advertisement
is inaccurate, your sole remedy is for the Company
to remedy such inaccuracy within fifteen (15)
working days of it being notified of the inaccuracy.
You understand and agree that the online content
and advertising copy therein solely represents
hypothetical examples and does not in any way
guaranty income, revenue, or performance of the
Online Services and Materials and does not in
any way represent explicit or implicit earnings
claims for the user. 3.3 The content, claims,
and representations of independent third-party
testimonials from users of the Online Services
and Materials is not subject to Company’s
prior approval and no representation or warranty
is given by the Company to the accuracy of such
testimonials. The Company does not undertake to
review the contents of any testimonials and any
such review of, and approval by, the Company shall
not be deemed to constitute an acceptance by the
Company that such testimonial is provided in accordance
with the terms of the Agreement, nor shall it
constitute a waiver of the its rights hereunder.
You understand and agree that the online content,
claims, and representations of such third party
testimonials does not in any way guaranty income,
revenue, or performance of the Online Services
and Materials and does not in any way represent
explicit or implicit earnings claims by the Company
for the user. 3.4 EXCEPT AS OTHERWISE PROVIDED
IN THIS SECTION 3, THE ONLINE SERVICES AND MATERIALS
ARE PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS AND THE PROVIDER OF THE
ONLINE SERVICES AND EACH THIRD PARTY SUPPLIER
OF MATERIALS EXPRESSLY DISCLAIM TO THE FULLEST
EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED,
AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. 4. LIMITATION OF LIABILITY
4.1 A Covered Party (as defined below) shall not
be liable for any loss, injury, claim, liability,
or damage of any kind resulting in any way from
(a) any errors in or omissions from the Online
Services or any Materials available or not included
therein, (b) the unavailability or interruption
of the Online Services or any features thereof
or any Materials, (c) your use of the Online Services
or Materials (regardless of whether you received
any assistance from a Covered Party in using the
Online Services), (d) your use of any equipment
in connection with the Online Services, (e) the
content of Materials, or (f) any delay or failure
in performance beyond the reasonable control of
a Covered Party. 4.2 "Covered Party"
means Torontogospel.ca its affiliates, and any
officer, director, employee, subcontractor, agent,
successor, or assign of Torontogospel.ca or its
affiliates. 4.3 “The Company” means
Torontogospel.ca, an Illinois based company. 4.4
THE AGGREGATE LIABILITY OF THE COVERED PARTIES
IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT
OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS
SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT
DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT
AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
4.5 THE COVERED PARTIES SHALL NOT BE LIABLE FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO,
RESULTING FROM, OR ARISING IN CONNECTION WITH
THE ONLINE SERVICES, MATERIALS, OR THE FAILURE
OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS,
REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND TO THE FULLEST EXTENT PERMITTED BY LAW. 5.
MISCELLANEOUS 5.1 The Company reserves the right
to modify these Terms and Conditions from time
to time in its sole discretion, without notice
or liability to you. You agree to be bound by
these Terms and Conditions, as modified. Please
review the most current version of the Terms and
Conditions from time to time, so that you will
be apprised of any changes. 5.2 Charges and payment
terms may be changed in accordance with your applicable
price schedule; all other provisions may be changed
by the Company immediately. Your access to the
Online Services may be terminated immediately
upon notice to the provider of the Online Services
if any change is unacceptable. Continued use of
the Online Services following any change constitutes
acceptance of the change. 5.3 The Company may
terminate the access to the Online Services. The
effective date of termination shall be ten days
after the receipt of an appropriate notice of
termination, unless a later date is specified
in the notice. The Company may suspend or discontinue
providing the Online Services to you without notice
and pursue any other remedy legally available
to it if you fail to comply with any of your obligations
hereunder. 5.4 Except as otherwise provided herein,
all notices and other communications hereunder
shall be in writing or displayed electronically
in the Online Services by the Company. Notices
shall be deemed to have been properly given on
the date deposited in the U.S. mails, if mailed;
on the date first made available, if displayed
in the Online Services; or on the date received,
if delivered in any other manner. Notices to the
Company should be sent to: Torontogospel.ca
68 Doleres Avenue
Toronto, Ontario, Canada, M2B 2RT 5.5 The failure
of the Company or any third party supplier of
Materials to enforce any provision hereof shall
not constitute or be construed as a waiver of
such provision or of the right to enforce it at
a later time. 5.6 You may not assign your rights
or delegate your duties under your access to the
Online Services without the prior written consent
of the Company. 5.7 These Terms and Conditions
shall be governed by and construed in accordance
with the laws of the province of Ontario *NOTICE*
- Anyone who distributes illegal copies of our
program, or uses our trademarked/copyrighted Process
at Home text and/or images without permission
will be reported to their billing and/or hosting
company, and any other related companies for account
closure. We will follow with a federal copyright
infringement lawsuit in accordance with the The
Digital Millennium Copyright Act (DMCA). To date
we have successfully prosecuted 27 parties. The
entire contents of this website is Copyright (c)
2008 by Torontogospel.ca. All rights reserved.
This site may not be copied in whole or in part
without the express written permission of the
publisher. All violators will be prosecuted to
the fullest extent of the law.